[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2409 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 2409
To amend section 211(o) of the Clean Air Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 14, 2009
Mr. Peterson (for himself, Mr. Lucas, Mr. Holden, Mr. Goodlatte, Mr.
McIntyre, Mr. Rogers of Alabama, Mr. Boswell, Mr. Conaway, Mr. Baca,
Mrs. Schmidt, Mr. Cardoza, Mr. Smith of Nebraska, Mr. Scott of Georgia,
Mr. Latta, Mr. Marshall, Mr. Moran of Kansas, Ms. Herseth Sandlin, Mr.
Graves, Mr. Cuellar, Mr. Costa, Mr. Luetkemeyer, Mr. Ellsworth, Mr.
Walz, Mr. Kagen, Mr. Schrader, Mrs. Halvorson, Mrs. Dahlkemper, Mr.
Massa, Mr. Bright, Ms. Markey of Colorado, Mr. Kratovil, Mr. Schauer,
Mr. Kissell, Mr. Boccieri, Mr. Murphy of New York, Mr. Pomeroy, Mr.
Childers, Mr. Minnick, Mr. Latham, Mr. Berry, Mr. Salazar, and Mr.
Boyd) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend section 211(o) of the Clean Air Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Fuel Standard Improvement
Act''.
SEC. 2. AMENDMENT.
Section 211(o) of the Clean Air Act is amended as follows:
(1) In paragraphs (1)(B)(i), (2)(A)(i), and (2)(A)(ii), the
matter following paragraph (2)(B)(ii)(VI), paragraphs
(2)(B)(iv), (3), (4), (5), (6)(B), (7)(A)(i), (7)(A)(ii),
(7)(B), (7)(D), (7)(E), (7)(F), (8)(D), (9)(A)(ii)(II),
(9)(B)(i), (9)(B)(iii), (9)(C), (9)(D), and (11), by striking
``Administrator'' and inserting ``Secretary of Agriculture, the
Secretary of Energy, and the Administrator''.
(2) In paragraph (1)(C)--
(A) by striking ``Administrator'' and inserting
``Secretary of Energy''; and
(B) by striking ``in 2005.'' and inserting ``2008.
At 3 year intervals after 2008, the baseline shall be
updated by using a date 3 years after the prior
baseline date.''.
(3) In paragraph (1) by amending subparagraph (D) as
follows:
(A) By striking ``and that has'' and inserting a
period and the following: ``In the case of renewable
fuel produced from facilities that commenced
construction after December 19, 2007, such term only
includes such biodiesel if it has''.
(B) By striking out ``the preceding sentence'' and
insert ``the preceding provisions of this
subparagraph''.
(4) In subparagraph (D) and (E) of paragraph (1), by
striking ``Administrator'' and inserting ``Secretary of
Agriculture and the Secretary of Energy''.
(5) In paragraph (1)(G), by striking the last sentence.
(6) By amending paragraph (1)(H) to read as follows:
``(H) Lifecycle greenhouse gas emissions.--
``(i) In general.--The term `lifecycle
greenhouse gas emissions' means the aggregate
quantity of direct greenhouse gas emissions
relating to the full fuel lifecycle, as
determined by the Secretary of Agriculture and
the Secretary of Energy based on--
``(I) measurements taken using the
most recent observable data; and
``(II) consideration of regional
differences of renewable fuel
production.
``(ii) Inclusions.--The term `lifecycle
greenhouse gas emissions' includes greenhouse
gas emissions from all stages of fuel and
feedstock production and distribution, from
feedstock generation or extraction through the
distribution and delivery and use of the
finished fuel to the ultimate consumer, where
the mass values for all greenhouse gases are
adjusted to account for the relative global
warming potential of the greenhouse gases.
``(iii) Peer review and model.--The
Secretary of Agriculture and the Secretary of
Energy shall carry out a peer review of any
model used in measuring lifecycle greenhouse
gas emissions and make the results of the peer
review and model publicly available before any
public comment period provided in connection
with the determination made under this
subparagraph.''.
(7) Amend paragraph (1)(I) to read as follows:
``(I) Renewable biomass.--The term `renewable
biomass' means--
``(i) materials, pre-commercial thinnings,
or invasive species from National Forest System
land and public lands (as defined in section
103 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1702)) that--
``(I) are byproducts of preventive
treatments that are removed--
``(aa) to reduce hazardous
fuels;
``(bb) to reduce or contain
disease or insect infestation;
or
``(cc) to restore ecosystem
health;
``(II) would not otherwise be used
for higher-value products; and
``(III) are harvested in accordance
with--
``(aa) applicable law and
land management plans; and
``(bb) the requirements
for--
``(AA) old-growth
maintenance,
restoration, and
management direction of
paragraphs (2), (3),
and (4) of subsection
(e) of section 102 of
the Healthy Forests
Restoration Act of 2003
(16 U.S.C. 6512); and
``(BB) large-tree
retention of subsection
(f) of that section; or
``(ii) any organic matter that is available
on a renewable or recurring basis from non-
Federal land or land belonging to an Indian or
Indian tribe that is held in trust by the
United States or subject to a restriction
against alienation imposed by the United
States, including--
``(I) renewable plant material,
including--
``(aa) feed grains;
``(bb) other agricultural
commodities;
``(cc) other plants and
trees; and
``(dd) algae; and
``(II) waste material, including--
``(aa) crop residue;
``(bb) other vegetative
waste material (including wood
waste and wood residues);
``(cc) animal waste and
byproducts (including fats,
oils, greases, and manure); and
``(dd) food waste and yard
waste.''.
(8) In paragraph (2)(B)(ii), by striking ``Administrator,
in coordination with the Secretary of Energy and the Secretary
of Agriculture,'' and inserting ``Secretary of Agriculture, the
Secretary of Energy, and the Administrator,''.
(9) In paragraph (4)(E), by striking ``may not adjust'' and
inserting ``may adjust'' and by striking ``unless he
determines'' and inserting ``if they determine''.
(10) In paragraph (4)(G), by striking ``effective date of
such adjustment, revision, or change'' and inserting ``date of
enactment of the Energy Independence and Security Act of
2007''.
(11) In paragraphs (7)(A), (7)(B), (7)(E)(i), (7)(E)(ii),
and (7)(E)(iii), by striking ``Administrator, in consultation
with the Secretary of Energy and the Secretary of Agriculture''
and inserting ``Secretary of Agriculture, the Secretary of
Energy, and the Administrator''.
(12) In clauses (i) and (ii) by striking out ``a
determination by the Administrator'' and inserting ``their
determination''.
(13) In paragraph (7)(A), by striking ``Administrator on
his own'' and inserting ``Secretary of Agriculture, the
Secretary of Energy, and the Administrator on their own''.
(14) In paragraphs (8)(A) and paragraph (9)(A)(ii)(I), by
striking ``the Secretary of Energy shall conduct for the
Administrator'' and inserting ``the Secretary of Agriculture
and the Secretary of Energy shall conduct''.
(15) In paragraph (8)(C), by striking ``the Secretary of
Energy shall make specific recommendations to the
Administrator'' and inserting ``the Secretary of Agriculture
and the Secretary of Energy shall make specific
recommendations''.
(16) In paragraph (8)(D)(i), by striking ``by the Secretary
of Energy''.
(17) In paragraph (9)(B)(ii), by striking ``Administrator,
in consultation with the Secretary of Energy,'' and inserting
``the Secretary of Agriculture, the Secretary of Energy, and
the Administrator''.
(18) In paragraph (10)(B), by striking ``Administrator''
and inserting ``President''.
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